Deeplinks Blog posts about DMCA

Last weekend EFF took part in the Eleventh Hackers On Planet Earth (HOPE) conference in New York City and got to meet so many of our wonderful supporters. We've collected the HOPE talks given by EFF staff below, with the official program abstract, video, and where applicable, the original slides. Once you're done watching those, you can also try your hand at our Capture The Flag competition—the challenges are still up at https://eff-ctf.org, even though the contest is over.

Keynote Address

Some day, your life may depend on the work of a security researcher. Whether it’s a simple malfunction in a piece of computerized medical equipment or a malicious compromise of your networked car, it’s critically important that people working in security can find and fix the problem before the worst happens.

And yet, an expansive United States law, passed in 1998 and emulated in legal codes all over the world, casts a dark legal cloud over the work of those researchers. It gives companies a blunt instrument with which to threaten that research, keeping potentially embarrassing or costly errors from seeing the light of day.

Section 1201 of the Digital Millennium Copyright Act forbids a wide range of speech, from remix videos that rely upon circumvention, to academic security research, to publication of software that can help repair your car or back up your favorite show. It potentially implicates the entire range of speech that relies on access to copyrighted works or describes flaws in access controls—even where that speech is clearly noninfringing.

A large community of security researchers and public interest groups have been alarmed by the security implications of baking DRM into the HTML5 standard. That's because DRM -- unlike all the other technology that the W3C has ever standardized — enjoys unique legal protection under a tangle of international laws, like the US Digital Millennium Copyright Act, Canada's Bill C-11, and EU laws that implement Article 6 of the EUCD.

The Second Circuit considered three important issues. First, whether a service provider could rely on the DMCA safe harbor when it came to pre-1972 sound recordings. Second, whether evidence of Vimeo employees watching certain well-known songs was enough to create “red flag” knowledge that the videos were infringing. And third, whether Vimeo was “willfully blind” to infringement occurring on its service.